[Congressional Record Volume 163, Number 84 (Tuesday, May 16, 2017)]
[Senate]
[Pages S2955-S2959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GRANTING THE CONSENT AND APPROVAL OF CONGRESS TO THE COMMONWEALTH OF
VIRGINIA, THE STATE OF MARYLAND, AND THE DISTRICT OF COLUMBIA TO ENTER
INTO A COMPACT
Mr. ALEXANDER. Mr. President, as in legislative session, I ask
unanimous consent that the Committee on the Judiciary be discharged
from further consideration of S.J. Res. 22 and the Senate proceed to
its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the joint resolution by title.
The senior assistant legislative clerk read as follows:
A joint resolution (S.J. Res. 22) granting the consent and
approval of Congress to the Commonwealth of Virginia, the
State of Maryland, and the District of Columbia to enter into
a compact relating to the establishment of the Washington
Metrorail Safety Commission.
There being no objection, the Senate proceeded to consider the joint
resolution.
[[Page S2956]]
Mr. ALEXANDER. I further ask unanimous consent that the joint
resolution be considered read a third time and passed, the preamble be
agreed to, and the motions to reconsider be considered made and laid
upon the table with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The joint resolution (S.J. Res. 22) was ordered to be engrossed for a
third reading, was read the third time, and passed.
The preamble was agreed to.
The joint resolution, with its preamble, reads as follows:
S.J. Res. 22
Whereas the Washington Metropolitan Area Transit Authority,
an interstate compact agency of the District of Columbia, the
Commonwealth of Virginia, and the State of Maryland, provides
transportation services to millions of people each year, the
safety of whom is paramount;
Whereas an effective and safe Washington Metropolitan Area
Transit Authority system is essential to the commerce and
prosperity of the National Capital region;
Whereas the Tri-State Oversight Committee, created by a
memorandum of understanding amongst these 3 jurisdictions,
has provided safety oversight of the Washington Metropolitan
Area Transit Authority;
Whereas section 5329 of title 49, United States Code,
requires the creation of a legally and financially
independent State authority for safety oversight of all fixed
rail transit facilities;
Whereas the District of Columbia, the Commonwealth of
Virginia, and the State of Maryland intend to create a
Washington Metrorail Safety Commission to act as the State
safety oversight authority for the Washington Metropolitan
Area Transit Authority system under section 5329 of title 49,
United States Code; and
Whereas this compact is created for the benefit of the
people of the District of Columbia, the Commonwealth of
Virginia, and the State of Maryland and for the increase of
their safety, commerce, and prosperity: Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
consent and approval of Congress is hereby given to the
District of Columbia, the Commonwealth of Virginia, and the
State of Maryland to enter into a compact, substantially as
follows, for the safety oversight of the Washington
Metropolitan Area Transit Authority system, which compact,
known as the Metrorail Safety Commission Interstate Compact,
has been negotiated by representatives of the District of
Columbia, the Commonwealth of Virginia, and the State of
Maryland:
``ARTICLE I
``DEFINITIONS
``1. As used in this MSC Compact, the following words and
terms shall have the meanings set forth below, unless the
context clearly requires a different meaning. Capitalized
terms used herein, but not otherwise defined in this MSC
Compact, shall have the definitions set forth in regulations
issued under section 5329 of title 49, United States Code, as
they may be revised from time to time.
``(a) `Alternate Member' means an alternate member of the
Board;
``(b) `Board' means the board of directors of the
Commission;
``(c) `Commission' means the Washington Metrorail Safety
Commission;
``(d) `Member' means a member of the Board;
``(e) `MSC Compact' means this Washington Metrorail Safety
Commission Interstate Compact;
``(f) `Public Transportation Agency Safety Plan' means the
comprehensive agency safety plan for a rail transit agency
required by section 5329 of title 49, United States Code, and
the regulations issued thereunder, as may be amended or
revised from time to time;
``(g) `Public Transportation Safety Certification Training
Program' means the Federal certification training program, as
established and amended from time to time by applicable
Federal laws and regulations, for Federal and State
employees, or other designated personnel, who conduct safety
audits and examinations of public transportation systems, and
employees of public transportation agencies directly
responsible for safety oversight;
``(h) `Safety Sensitive Position' means any position held
by a WMATA employee or contractor designated in the Public
Transportation Agency Safety Plan for the WMATA Rail System
and approved by the Commission as directly or indirectly
affecting the safety of the passengers or employees of the
WMATA Rail System;
``(i) `Signatory' means the State of Maryland, the
Commonwealth of Virginia, and the District of Columbia;
``(j) `State' or `jurisdiction' means the District of
Columbia, the State of Maryland, or the Commonwealth of
Virginia;
``(k) `Washington Metropolitan Area Transit Authority' or
`WMATA' is the entity created by the WMATA Compact, which
entity is responsible for providing certain rail fixed
guideway public transportation system services;
``(l) `WMATA Compact' means the Washington Metropolitan
Area Transit Authority Compact (Public Law 89-774; 80 Stat.
1324); and
``(m) `WMATA Rail System' or `Metrorail' means the rail
fixed guideway public transportation system and all other
real and personal property owned, leased, operated, or
otherwise used by WMATA rail services and shall include WMATA
rail projects under design or construction by owners other
than WMATA.
``ARTICLE II
``PURPOSE AND FUNCTIONS
``2. The Signatories to the WMATA Compact hereby adopt this
MSC Compact pursuant to section 5329 of title 49, United
States Code. The Commission created hereunder shall have
safety regulatory and enforcement authority over the WMATA
Rail System and shall act as the State safety oversight
authority for WMATA under section 5329 of title 49, United
States Code, as may be amended from time to time. WMATA shall
be subject to the Commission's rules, regulations, actions,
and orders.
``3. The purpose of this MSC Compact is to create a State
safety oversight authority for the WMATA Rail System,
pursuant to the mandate of Federal law, as a common agency of
each Signatory, empowered in the manner hereinafter set forth
to review, approve, oversee, and enforce the safety of the
WMATA Rail System, including, without limitation, to--
``(a) have exclusive safety oversight authority and
responsibility over the WMATA Rail System pursuant to Federal
law, including, without limitation, the power to restrict,
suspend, or prohibit rail service on all or part of the WMATA
Rail System as set forth in this MSC Compact;
``(b) develop and adopt a written State safety oversight
program standard;
``(c) review and approve the WMATA Public Transportation
Agency Safety Plan;
``(d) investigate hazards, incidents, and accidents on the
WMATA Rail System;
``(e) require, review, approve, oversee, and enforce
Corrective Action Plans developed by WMATA; and
``(f) meet other requirements of Federal and State law
relating to safety oversight of the WMATA Rail System.
``ARTICLE III
``ESTABLISHMENT AND ORGANIZATION
``A. Washington Metrorail Safety Commission
``4. The Commission is hereby created as an instrumentality
of each Signatory, which shall be a public body corporate and
politic, and which shall have the powers and duties set forth
in this MSC Compact.
``5. The Commission shall be financially and legally
independent from WMATA.
``B. Board Membership
``6. The Commission shall be governed by a Board of 6
Members with 2 Members appointed or reappointed (including to
fill an unexpired term) by each Signatory pursuant to the
Signatory's applicable laws.
``7. Each Signatory shall also appoint or reappoint
(including to fill an unexpired term) one Alternate Member
pursuant to the Signatory's applicable laws.
``8. An Alternate Member shall participate and take action
as a Member only in the absence of one or both Members
appointed from the same jurisdiction as the Alternate
Member's appointing jurisdiction and, in such instances, may
cast a single vote.
``9. Members and Alternate Members shall have backgrounds
in transit safety, transportation, relevant engineering
disciplines, or public finance.
``10. No Member or Alternate Member shall simultaneously
hold an elected public office, serve on the WMATA board of
directors, be employed by WMATA, or be a contractor to WMATA.
``11. Each Member and Alternate Member shall serve a 4-year
term and may be reappointed for additional terms, except that
each Signatory shall make its initial appointments as
follows:
``(a) One Member shall be appointed for a 4-year term.
``(b) One Member shall be appointed for a 2-year term.
``(c) The Alternate Member shall be appointed for a 3-year
term.
``12. Any person appointed to fill a vacancy shall serve
for the unexpired term.
``13. Members and Alternate Members shall be entitled to
reimbursement for reasonable and necessary expenses and shall
be compensated for each day spent meeting on the business of
the Commission at a rate of $200 per day or at such other
rate as may be adjusted in appropriations approved by all of
the Signatories.
``14. A Member or an Alternate Member may be removed or
suspended from office only for cause in accordance with the
laws of such Member's or Alternate Member's appointing
jurisdiction.
``C. Quorum and Actions of the Board.
``15. Four Members shall constitute a quorum, and the
affirmative vote of 4 Members is required for action of the
Board. Quorum and voting requirements under this section may
be met with one or more Alternate Members pursuant to section
8.
``16. The Commission action shall become effective upon
enactment unless otherwise provided for by the Commission.
``D. Oath of Office
``17. Before entering office, each Member and Alternate
Member shall take and subscribe to the following oath (or
affirmation) of office or any such other oath or affirmation
as the constitution or laws of the Signatory he or she
represents shall provide:
[[Page S2957]]
``I, ___________, hereby solemnly swear (or affirm) that I
will support and defend the Constitution and the laws of the
United States as a Member (or Alternate Member) of the Board
of the Washington Metrorail Safety Commission and will
faithfully discharge the duties of the office upon which I am
about to enter.
``E. Organization and Procedure
``18. The Board shall provide for its own organization and
procedure. Meetings of the Board shall be held as frequently
as the Board determines, but in no event less than quarterly.
The Board shall keep minutes of its meetings and establish
rules and regulations governing its transactions and internal
affairs, including, without limitation, policies regarding
records retention that are not in conflict with applicable
Federal record retention laws.
``19. The Commission shall keep commercially reasonable
records of its financial transactions in accordance with
accounting principles generally accepted in the United States
of America.
``20. The Commission shall establish an office for the
conduct of its affairs at a location to be determined by the
Commission.
``21. The Commission shall adopt subsections (a) through
(d) and subsection (g) of section 552 of title 5, United
States Code (commonly known as the `Freedom of Information
Act') and section 552b of title 5, United States Code
(commonly known as the `Government in Sunshine Act'), as both
may be amended from time to time, as its freedom of
information policy and open meeting policy, respectively, and
shall not be subject to the comparable laws or policies of
any Signatory.
``22. Reports of investigations or inquiries adopted by the
Board shall be made publicly available.
``23. The Commission shall adopt a policy on conflict of
interest that shall be consistent with the regulations issued
under section 5329 of title 49, United States Code, as they
may be revised from time to time, which, among other things,
places appropriate separation between Members, officers,
employees, contractors, and agents of the Commission and
WMATA.
``24. The Commission shall adopt and utilize its own
administrative procedure and procurement policies in
conformance with applicable Federal regulations and shall not
be subject to the administrative procedure or procurement
laws of any Signatory.
``F. Officers and Employees
``25. The Board shall elect a Chairman, Vice Chairman,
Secretary, and Treasurer from among its Members, each for a
2-year term and shall prescribe their powers and duties.
``26. The Board shall appoint and fix the compensation and
benefits of a chief executive officer who shall be the chief
administrative officer of the Commission and who shall have
expertise in transportation safety and one or more industry-
recognized transportation safety certifications.
``27. Consistent with section 5329 of title 49, United
States Code, as may be amended from time to time, the
Commission may employ, under the direction of the chief
executive officer, such other technical, legal, clerical, and
other employees on a regular, part-time, or as-needed basis
as it determines necessary or desirable for the discharge of
its duties.
``28. The Commission shall not be bound by any statute or
regulation of any Signatory in the employment or discharge of
any officer or employee of the Commission, but shall develop
its own policies in compliance with Federal law. The MSC
shall, however, consider the laws of the Signatories in
devising its employment and discharge policies, and when it
deems it practical, devise policies consistent with the laws
of the Signatories.
``29. The Board may fix and provide policies for the
qualification, appointment, removal, term, tenure,
compensation benefits, worker's compensation, pension, and
retirement rights of its employees subject to Federal law.
The Board may also establish a personnel system based on
merit and fitness and, subject to eligibility, participate in
the pension, retirement, and worker's compensation plans of
any Signatory or agency or political subdivision thereof.
``ARTICLE IV
``POWERS
``A. Safety Oversight Power.
``30. In carrying out its purposes, the Commission, through
its Board or designated employees or agents, shall,
consistent with Federal law--
``(a) adopt, revise, and distribute a written State Safety
Oversight Program;
``(b) review, approve, oversee, and enforce the adoption
and implementation of WMATA's Public Transportation Agency
Safety Plan;
``(c) require, review, approve, oversee, and enforce the
adoption and implementation of any Corrective Action Plans
that the Commission deems appropriate;
``(d) implement and enforce relevant Federal and State laws
and regulations relating to safety of the WMATA Rail System;
and
``(e) audit every 3 years the compliance of WMATA with
WMATA's Public Transportation Agency Safety Plan or conduct
such an audit on an ongoing basis over a 3-year time frame.
``31. In performing its duties, the Commission, through its
Board or designated employees or agents, may do the
following:
``(a) Conduct, or cause to be conducted, inspections,
investigations, examinations, and testing of WMATA personnel
and contractors, property, equipment, facilities, rolling
stock, and operations of the WMATA Rail System, including,
without limitation, electronic information and databases
through reasonable means, which may include issuance of
subpoenas.
``(b) Enter upon the WMATA Rail System and, upon reasonable
notice and a finding by the chief executive officer that a
need exists, upon any lands, waters, and premises adjacent to
the WMATA Rail System, including, without limitation,
property owned or occupied by the Federal Government, for the
purpose of making inspections, investigations, examinations,
and testing as the Commission may deem necessary to carry out
the purposes of this MSC Compact, and such entry shall not be
deemed a trespass. The Commission shall make reasonable
reimbursement for any actual damage resulting to any such
adjacent lands, waters, and premises as a result of such
activities.
``(c) Compel WMATA's compliance with any Corrective Action
Plan or order of the Commission by such means as the
Commission deems appropriate, including, without limitation,
by--
``(1) taking legal action in a court of competent
jurisdiction;
``(2) issuing citations or fines with funds going into an
escrow account for spending by WMATA on Commission-directed
safety measures;
``(3) directing WMATA to prioritize spending on safety-
critical items;
``(4) removing a specific vehicle, infrastructure element,
or hazard from the WMATA Rail System; and
``(5) compelling WMATA to restrict, suspend, or prohibit
rail service on all or part of the WMATA Rail System with an
appropriate notice period dictated by the circumstances.
``(d) Direct WMATA to suspend or disqualify from performing
in any Safety Sensitive Position an individual who is alleged
to or has violated safety rules, regulations, policies, or
laws.
``(e) Compel WMATA's Office of the Inspector General,
created under WMATA Board Resolution 2006-18, or any
successor WMATA office or organization having similar duties,
to conduct safety-related audits or investigations and to
provide its findings to the Commission.
``(f) Take such other actions as the Commission may deem
appropriate consistent with its purpose and powers.
``32. Action by the Board under section 31(c)(5) shall
require the unanimous vote of all Members present and voting.
The Commission shall coordinate its enforcement activities
with appropriate Federal and State governmental authorities.
``B. General Powers
``33. In addition to the powers and duties set forth above,
the Commission may--
``(a) sue and be sued;
``(b) adopt, amend, and repeal rules and regulations
respecting the exercise of the powers conferred by this MSC
Compact;
``(c) create and abolish offices, employments, and
positions (other than those specifically provided for in this
MSC Compact) necessary or desirable for the purposes of the
Commission;
``(d) determine a staffing level for the Commission that is
commensurate with the size and complexity of the WMATA Rail
System, and require that employees and other designated
personnel of the Commission, who are responsible for safety
oversight, be qualified to perform such functions through
appropriate training, including, without limitation,
successful completion of the Public Transportation Safety
Certification Training Program;
``(e) contract for or employ consulting attorneys,
inspectors, engineers, and such other experts necessary or
desirable and, within the limitations prescribed in this MSC
Compact, prescribe their powers and duties and fix their
compensation;
``(f) enter into and perform contracts, leases, and
agreements necessary or desirable in the performance of its
duties and in the execution of the powers granted under this
MSC Compact;
``(g) apply for, receive, and accept such payments,
appropriations, grants, gifts, loans, advances, and other
funds, properties, and services as may be transferred or made
available to it by the United States government or any other
public or private entity or individual, subject to the
limitations specified in section 42;
``(h) adopt an official seal and alter the same at its
pleasure;
``(i) adopt and amend by-laws, policies, and procedures
governing the regulation of its affairs;
``(j) appoint one or more advisory committees; and
``(k) do such other acts necessary or desirable for the
performance of its duties and the execution of its powers
under this MSC Compact.
``34. Consistent with this MSC Compact, the Commission
shall promulgate rules and regulations to carry out the
purposes of this MSC Compact.
``ARTICLE V
``GENERAL PROVISIONS
``A. Annual Safety Report
``35. The Commission shall make and publish annually a
status report on the safety of the WMATA Rail System, which
shall include, among other requirements established by the
Commission and Federal law, status updates of outstanding
Corrective Action Plans, Commission directives, and on-going
investigations. A copy of each such report shall be provided
to--
[[Page S2958]]
``(a) the Administrator of the Federal Transit
Administration;
``(b) the Governor of Virginia, the Governor of Maryland,
and the Mayor of the District of Columbia;
``(c) the Chairman of the Council of the District of
Columbia;
``(d) the President of the Maryland Senate and the Speaker
of the Maryland House of Delegates;
``(e) the President of the Virginia Senate and the Speaker
of the Virginia House of Delegates; and
``(f) the General Manager and each member of the board of
directors of WMATA.
``36. The Commission may prepare, publish, and distribute
such other safety reports that it deems necessary or
desirable.
``B. Annual Report of Operations
``37. The Commission shall make and publish an annual
report on its programs, operations, and finances, which shall
be distributed in the same manner provided by section 35.
``38. The Commission may also prepare, publish, and
distribute such other public reports and informational
materials as it deems necessary or desirable.
``C. Annual Independent Audit
``39. An independent annual audit shall be made of the
financial accounts of the Commission. The audit shall be made
by qualified certified public accountants selected by the
Board, who shall have no personal interest, direct or
indirect, in the financial affairs of the Commission or any
of its officers or employees. The report of audit shall be
prepared in accordance with generally accepted auditing
principles and shall be distributed in the same manner
provided by section 35. Members, employees, agents, and
contractors of the Commission shall provide access to
information necessary or desirable for the conduct of the
annual audit.
``D. Financing
``40. The Commission's operations shall be funded,
independently of WMATA, by the Signatory jurisdictions and,
when available, by Federal funds. The Commission shall have
no authority to levy taxes.
``41. The Signatories shall unanimously agree on adequate
funding levels for the Commission and make equal
contributions of such funding, subject to annual
appropriation, to cover the portion of Commission operations
not funded by Federal funds.
``42. The Commission may borrow up to 5 percent of its last
annual appropriations budget in anticipation of receipts, or
as otherwise set forth in the appropriations budget approved
by all of the Signatories, from any lawful lending
institution for any purpose of this MSC Compact, including,
without limitation, for administrative expenses. Such loans
shall be for a term not to exceed 2 years, or at such longer
term approved by each Signatory pursuant to its laws as
evidenced by the written authorization by the Mayor of the
District of Columbia and the Governors of Maryland and
Virginia, and at such rates of interest as shall be
acceptable to the Commission.
``43. With respect to the District of Columbia, the
commitment or obligation to render financial assistance to
the Commission shall be created, by appropriation or in such
other manner, or by such other legislation, as the District
of Columbia shall determine; provided, that any such
commitment or obligation shall be approved by Congress
pursuant to the District of Columbia Home Rule Act (Public
Law 93-198; 87 Stat. 774).
``44. Pursuant to the requirements of sections 1341, 1342,
1349, 1350, 1351, 1511, and 1519 of title 31, United States
Code, and sections 47-105 and 47-355.01 to 355.08 of the D.C.
Official Code (collectively referred to in this section as
the `Anti-Deficiency Acts'), the District of Columbia cannot
obligate itself to any financial commitment in any present or
future year unless the necessary funds to pay that commitment
have been appropriated and are lawfully available for the
purpose committed. Thus, pursuant to the Anti-Deficiency
Acts, nothing in the MSC Compact creates an obligation of the
District of Columbia in anticipation of an appropriation for
such purpose, and the District of Columbia's legal liability
for the payment of any amount under this MSC Compact does not
and may not arise or obtain in advance of the lawful
availability of appropriated funds for the applicable fiscal
year.
``E. Tax Exemption
``45. The exercise of the powers granted by this MSC
Compact shall in all respects be for the benefit of the
people of the District of Columbia, the Commonwealth of
Virginia, and the State of Maryland and for the increase of
their safety, commerce, and prosperity, and as the activities
associated with this MSC Compact shall constitute the
performance of essential governmental functions, the
Commission shall not be required to pay any taxes or
assessments upon the services or any property acquired or
used by the Commission under the provisions of this MSC
Compact or upon the income therefrom, and shall at all times
be free from taxation within the District of Columbia, the
Commonwealth of Virginia, and the State of Maryland.
``F. Reconsideration of Commission Orders
``46. WMATA shall have the right to petition the Commission
for reconsideration of an order based on rules and procedures
developed by the Commission.
``47. Consistent with section 16, the filing of a petition
for reconsideration shall not act as a stay upon the
execution of a Commission order, or any part of it, unless
the Commission orders otherwise. WMATA may appeal any adverse
action on a petition for reconsideration as set forth in
section 48.
``G. Judicial Matters
``48. The United States District Court for the Eastern
District of Virginia, Alexandria Division, the United States
District Court for the District of Maryland, Southern
Division, and the United States District Court for the
District of Columbia shall have exclusive and original
jurisdiction of all actions brought by or against the
Commission and to enforce subpoenas under this MSC Compact.
``49. The commencement of a judicial proceeding shall not
operate as a stay of a Commission order unless specifically
ordered by the court.
``H. Liability and Indemnification
``50. The Commission and its Members, Alternate Members,
officers, agents, employees, or representatives shall not be
liable for suit or action or for any judgment or decree for
damages, loss, or injury resulting from action taken within
the scope of their employment or duties under this MSC
Compact, nor required in any case arising or any appeal taken
under this MSC Compact to give a supersedeas bond or security
for damages. Nothing in this section shall be construed to
protect such person from suit or liability for damage, loss,
injury, or liability caused by the intentional or willful and
wanton misconduct of such person.
``51. The Commission shall be liable for its contracts and
for its torts and those of its Members, Alternate Members,
officers, agents, employees, and representatives committed in
the conduct of any proprietary function, in accordance with
the law of the applicable Signatory (including, without
limitation, rules on conflict of laws) but shall not be
liable for any torts occurring in the performance of a
governmental function. The exclusive remedy for such breach
of contract or tort for which the Commission shall be liable,
as herein provided, shall be by suit against the Commission.
Nothing contained in this MSC Compact shall be construed as a
waiver by the District of Columbia, the Commonwealth of
Virginia, or the State of Maryland of any immunity from suit.
``I. Commitment of Parties
``52. Each of the Signatories pledges to each other
faithful cooperation in providing safety oversight for the
WMATA Rail System, and, to affect such purposes, agrees to
consider in good faith and request any necessary legislation
to achieve the objectives of this MSC Compact.
``J. Amendments and Supplements
``53. Amendments and supplements to this MSC Compact shall
be adopted by legislative action of each of the Signatories
and the consent of Congress. When one Signatory adopts an
amendment or supplement to an existing section of this MSC
Compact, that amendment or supplement shall not be
immediately effective, and the previously enacted provision
or provisions shall remain in effect in each jurisdiction
until the amendment or supplement is approved by the other
Signatories and is consented to by Congress.
``K. Withdrawal and Termination
``54. Any Signatory may withdraw from this MSC Compact,
which action shall constitute a termination of this MSC
Compact.
``55. Withdrawal from this MSC Compact shall be by a
Signatory's repeal of this MSC Compact from its laws, but
such repeal shall not take effect until 2 years after the
effective date of the repealed statute and written notice of
the withdrawal being given by the withdrawing Signatory to
the governors or mayor, as appropriate, of the other
Signatories.
``56. Prior to termination of this MSC Compact, the
Commission shall provide each Signatory--
``(a) a mechanism for concluding the operations of the
Commission;
``(b) a proposal to maintain State safety oversight of the
WMATA Rail System in compliance with applicable Federal law;
``(c) a plan to hold surplus funds in a trust for a
successor regulatory entity for 4 years after the termination
of this MSC Compact; and
``(d) a plan to return any surplus funds that remain 4
years after the creation of the trust.
``L. Construction and Severability
``57. This MSC Compact shall be liberally construed to
effectuate the purposes for which it is created.
``58. If any part or provision of this MSC Compact or the
application thereof to any person or circumstances be
adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part,
provision, or application directly involved in the
controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder
of this MSC Compact or the application thereof to other
persons or circumstances, and the Signatories hereby declare
that they would have entered into this MSC Compact or the
remainder thereof had the invalidity of such provision or
application thereof been apparent.
``M. Adoption; Effective Date
``59. This MSC Compact shall be adopted by the Signatories
in the manner provided by law therefor and shall be signed
and sealed in 4 duplicate original copies. One such copy
shall be filed with the Secretary of State of the State of
Maryland, the Secretary of the Commonwealth of Virginia, and
the Secretary of the District of Columbia in accordance with
the laws of each jurisdiction. One
[[Page S2959]]
copy shall be filed and retained in the archives of the
Commission upon its organization. This MSC Compact shall
become effective upon the enactment of concurring legislation
by the District of Columbia, the Commonwealth of Virginia,
and the State of Maryland, and consent thereto by Congress
and when all other acts or actions have been taken,
including, without limitation, the signing and execution of
this MSC Compact by the Governors of Maryland and Virginia
and the Mayor of the District of Columbia.
``L. Conflict of Laws
``60. Any conflict between any authority granted herein, or
the exercise of such authority, and the provisions of the
WMATA Compact shall be resolved in favor of the exercise of
such authority by the Commission.
``61. All other general or special laws inconsistent with
this MSC Compact are hereby declared to be inapplicable to
the Commission or its activities.''.
Mr. ALEXANDER. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Strange). Without objection, it is so
ordered.
____________________